HomeMy WebLinkAboutORD 2003-39 - Impact FeesORDINANCE NO, 2003-39
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS AMENDING CHAPTER 13.32 OF THE CODE OF ORDINANCES
RELATING TO IMPACT FEES TO INCLUDE THE UPDATED CAPITAL
IMPROVEMENTS PLAN AND THE FUTURE LAND USE PLAN; TO REVISE
THE AMOUNT OF THE IMPACT FEES AND TO INCLUDE IN THE IMPACT
FEE CALCULATION, IF APPLICABLE, A CREDIT FROM UTILITY
REVENUES; TO REVISE CREDITS FOR DEVELOPER FUNDED PROJECTS;
AND TO UPDATE THE PROVISIONS PERTAINING TO TIME FOR
ASSESSMENT AND COLLECTION OF IMPACT FEES TO REFLECT
CHANGES IN STATE LAW; INCLUDING A SEVERABILITY CLAUSE;
INCLUDING A CONFLICTS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Texas Local Government Code, Chapter 395, known as the "Texas Impact
Fee Act" (the "Act") requires a city to update the land use assumptions and capital improvements
plan for impact fee purposes at least every five (5) years; and
WHEREAS, the City of Georgetown last updated its Impact Fees in 1998; and
WHEREAS, the City's water supply system and associated Capital Improvement Plan has
recently been updated, and the City has also recently adopted a Future Land Use Plan; and
WHEREAS, pursuant to Section 395.058 of the Act, the City Council appointed an Impact
Fee Advisory Committee to advise and assist the City in the manner described in Section 395.058
of the Act; and
WHEREAS, the Impact Fee Advisory Committee has completed its study and issued its
final report entitled "Update of Water and Wastewater Impact Fees for the City of Georgetown"
dated April 2003; and
WHEREAS, notice of the hearing on the amendments to the land use assumptions, capital
improvements plan, or impact fee was published in the Williamson County Sun on April 30 and
May 4, 2003 in accordance with Section 395.055 of the Act; and
WHEREAS, a public hearing was held by the City Council on June 10, 2003 to discuss the
proposed ordinance amending the land use assumptions, capital improvements plan, or impact
fee; and
WHEREAS, after considering the comments of the Impact Fee Advisory Committee and
comments made at the public hearing, the City Council finds that it is in the public interest, and
compliant with the Act, to (1) address the requirements of Section 395.014(a)(7) of the Act; (2)
amend the time for requiring collection of impact fees to conform to changes in the Act; (3) amend
the provisions relating to credits to developers in certain situations; (4) to describe the potential
impact fee application area; and (5) revise the amount of the water and wastewater impact fees.
WHEREAS, the City Council has determined that impact fees should be reviewed every
three (3) years; and
WHEREAS, the caption of this ordinance was printed in the Williamson County Sun on
June 4th, 2002, in compliance with the City Charter of the City of Georgetown.
WaterMastewater Impact Fees
Ordinance No. 2003-39
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
SECTION 1 . The facts a nd recitations contained i n the preamble of this o rdinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the following elements of the Century Plan Policy Plan and that the
enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies,
as required by Section 2.03 of the Administrative Chapter the Policy Plan:
Policy End 12.00 City owned, sponsored or managed utilities provide safe, adequate
and reliable services to all customers.
Policy End 14.00 All municipal operations are conducted in an efficient business -like
manner and sufficient financial resources for both current and future needs are provided.
SECTION 2. That the existing Chapter 13.32 of the Code of Ordinances of the City of
Georgetown is hereby repealed in its entirety.
SECTION 3. That there is hereby adopted a new Chapter 13.32 "Water and Wastewater
Impact Fees" of the City Code of the City of Georgetown, Texas, which new Chapter 13.32 is
attached hereto as Exhibit A" and which exhibit is incorporated herein by reference as if set forth
in full with an effective date of October 1, 2003,
SECTION 4. That all ordinances that are in conflict with the provisions of this ordinance
be, and the same are hereby, repealed and all other ordinances of the City not in conflict with
the provisions of this ordinance shall remain in full force and effect.
SECTION 5. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective in accordance with the provisions of the Charter
of the City of Georgetown.
0
PASSED AND APPROVED on First Reading on the 10th day of June, 2003,
PASSED AND APPROVED on Second Reading on the 8th day of July, 2003.
D. Lee, City
FORM:
icia E. Carls, Brown & Carls, LLP
City Attorney
Water/Wastewater Impact Fees
Ordinance No. 2003-39
Page 2 of 2 Pages
111IMMIZE41111101; III
, Mayor
2
EXHIBIT "A"
CHAPTER 13.32
WATER AND WASTEWATER IMPACT FEES
Sec. 13.32.010. General provisions.
A. Purpose. The purpose of the water and wastewater impact fees are to generate
revenue for funding or recouping the cost of capital improvements or facility expansions
necessitated by and attributable to new development.
B. Applicability. This chapter shall be applicable uniformly to new development
which occurs within the water and wastewater service area. For new development which
occurs within the boundaries of the city's wholesale customers or other political
subdivisions, the applicability and terms for the assessment and collection of the impact
fee shall be defined by agreement.
C. Authority. This chapter is adopted pursuant to the authority of the Texas Local
Government Code Annotated, Chapter 395 (Vernon 1988), hereinafter to be known as
the "Texas Impact Fee Act." The provisions of this chapter shall not be construed to limit
the power of the city to adopt an impact fee pursuant to any other source of local
authority nor to limit the utilization of any other methods or powers otherwise available
for accomplishing the purposes set forth herein.
D. Development Approval. No application for new development shall be approved
by the city without assessment of an impact fee pursuant to this chapter, and no
application for building permit I utility connect permit application shall be approved until
the applicant has paid the impact fee imposed by and calculated hereunder.
E. Definitions. As utilized in this chapter, the following terms shall have the
meanings ascribed to them herein below:
"Approved development plan" means a plan that has received City Council approval
following the subdivision regulations or Unified Development Code process (Concept
Plan, Preliminary Plat, Final Plat, Public Review Final Plat) or is recorded as a platted lot
with Williamson County or has legal lot status as determined by the Unified Development
Code.
"Assessment" means a determination of the amount of the impact fee per service unit in
effect on the date or occurrence established for same in this chapter and is the
maximum amount that can be charged per service unit of development.
"Capital improvement" means water supply, treatment and distribution facilities and
wastewater collection and treatment facilities owned and operated by or on behalf of the
City having a life expectancy of three or more years.
"ACM" means the Assistant City Manager for Utility Operations or his designee.
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 1 of 15 Pages
1
"Economic development project" means a new development project which has been
designated an economic development project by the City Council and which has
received any one of the following: (a) Federal funds in the form of loans or grants; (b)
City funds in the form of fee waivers, tax incentives, discounted costs or rates for City
services; or (c) any discount or cost reduction not available without specific action of the
City Council
"Existing development" means the expansion of the capacity of an existing facility that
serves the same function as an otherwise necessary new capital improvement in order
that the existing facility may serve new development. The term does not include the
repair, maintenance, modernization or expansion of an existing facility to better serve
existing development.
"Impact fee" means a charge imposed upon new development in order to generate
revenue for funding or recouping the costs of water and wastewater capital
improvements or facility expansions necessitated by or attributable to new development
excluding those site -related facilities required by other ordinances of the City Code.
"Impact fee capital improvements plan" means the plan required by the Texas Impact
Fee Act as adopted or amended from time to time by the City Council that identifies the
capital improvements or facilities expansions and the associated costs for which impact
fees may be assessed.
"Impact fee service area" means that area within the corporate limits and extraterritorial
jurisdiction of the City to be served by the water and wastewater capital improvements or
facilities expansions specified in the impact fee capital improvements plan.
"Land use assumptions" means a description of the service area and projections of
changes in land uses, densities, intensities and population in the service area over at
least a ten-year period as adopted and amended from time to time by the City.
"New development" means the subdivision of land; the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of any
structure; or any use or extension of the use of land, any of which increases the number
of service units for water and wastewater service beyond that which existed during the
initial assessment of impact fees, if any.
"Service unit" means a standardized measure of consumption, use, generation or
discharge attributable to an individual unit of development calculated in accordance with
generally accepted engineering or planning standards for a particular category of capital
improvements or facility expansions. For water and wastewater facilities, the service unit
shall constitute the basis for establishing equivalency within various customer classes
based upon the relationship of the continuous duty maximum flow rate in gallons per
minute for a water meter of a given size and type compared to the continuous duty
maximum flow rate in gallons per minute for a three -fourth -inch diameter simple water
meter using American Water Works Association C700 -C703 Standards.
"Utility connect permit application" means the filing with the City of a written application
for a water or wastewater tap and the acceptance of applicable fees therefore by the
City. The term "utility connect permit application" shall not be applicable to a master
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 2 of 15 Pages
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water meter or master wastewater connection purchased from the City by a wholesale
utility customer.
"Wastewater facility" means a capital improvement or facility expansion for providing
wastewater service including but not limited to land or easements, treatment facilities, lift
stations, and interceptor mains. The term does not include wastewater lines or mains
which are constructed by developers, the costs of which are reimbursed from charges
paid by subsequent users of facilities and which are maintained in dedicated trusts. The
term "wastewater facilities" also does not include dedication of easement or rights-of-
way or easements or construction or dedication of on-site wastewater collection facilities
required by valid ordinances of the City and necessitated by and attributable to new
development.
"Water facility" means improvements for providing water service including but not limited
to land or easements, water supply facilities, treatment facilities, pumping facilities,
storage facilities or transmission mains. The term does not include water lines or mains
constructed by developers, the costs of which are reimbursed from charges paid by
subsequent users of the facilities maintained in dedicated trusts. The term does not
include dedication of rights-of-way or easements or construction or dedication of on-site
water distribution facilities required by valid ordinances of the City and necessitated by
and attributable to new development.
"Wholesale customers" means water or wastewater customers of the City's water and/or
wastewater utilities which purchase such utility service at wholesale for resale to their
retail customers.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.020. Land use assumptions.
A. The "Future Land Use Plan" dated January 14, 2003, with updated land use
assumptions is on record in the office of the City Secretary, are adopted and
incorporated by reference.
B. Said
Future Land Use Plan
for the City
shall be updated
at least every five years
utilizing the
amendment procedure
set forth in
the Texas Impact
Fee Act,
C. Amendment to the land use assumptions shall incorporate projections of
changes in land uses, densities, intensities and population for the service area over at
least a ten-year period.
(Ord. 98-73 § 2; Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.030. Water and wastewater impact fee service area.
A. There is established a water and wastewater impact fee service area, the
boundaries of which are depicted on the map attached to the ordinance codified in this
chapter as Exhibit A on record in the office of the City Secretary and incorporated in this
chapter by reference.
WaterNVastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 3 of 15 Pages
3
B. The boundaries of the water and wastewater impact fee service area may be
amended from time to time in accordance with the procedures set forth in the Texas
Impact Fee Act.
(Ord. 98-73 § 3; Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.040. Impact fee capital improvements plan for water and wastewater facilities.
A. The impact fee capital improvements plan for water and wastewater facilities
dated April 2003, on record in the office of the City Secretary, is adopted and
incorporated in this chapter by reference.
B. The impact fee capital improvements plan for water and wastewater facilities may
be amended from time to time pursuant to the procedures set forth in the Texas Impact
Fee Act.
(Ord. 98-73 § 4; Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.050. Determination of service units.
A. Conversion Table. The number of service units for both water and wastewater
service is determined by the size and type of the water meter purchased for the property
in accordance with the following schedule:
Meter Size (Inch)
Type
Service Units
*5/8
Simple
0.667
3/4
Simple
1.000
1
Simple
1.667
1- 1 /2Simple
3.333
2 _
Simple
5.333
2
Compound
5.333
2
Turbine
6.667
3
Compound
10.667
3
Turbine
16,000
4
Compound
16.667
4
Turbine
28.000
6
Compound
33.333
6
Turbine
61.333
8
Compound
53.333
8
Turbine
106.667
10
Compound
76.667
10
Turbine
166.667
12
Turbine
220.000
WaterJWastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 4 of 15 Pages
In
Note: Use of 5/8" meter for limited application to small residential units (<1,200 sgft of
air conditioned/heated space) where no automatic landscape irrigation system will be
installed. Other potential applications are public facilities such as restrooms in parks.
B.
Calculation.
Upon
application for
utility
connect permit
application, service units
shall
be calculated
based
upon the size
of the
water meter as
set out above.
C. Pressure Anomalies. If a larger or smaller meter is required solely due to
abnormally low or high pressure in the City's main, the ACM or his designee may adjust
the number of service units to reflect more accurately the flow rate and system pressure
conditions.
D. Fire Demand Meters. The number of service units for a fire demand meter shall
be determined as follows:
1. If a fire demand meter composed of a combination of independent units in
separate housings monitoring both fire and domestic usage is purchased for property,
the meter size utilized to calculate the number of service units shall be the dimension of
the largest independent unit for the fire demand meter that provides only domestic
service to the property. For purposes of this section, only a simple or compound meter
shall be used to calculate the number of service units represented by the fire demand
meter.
2. If the fire protection capacity of the fire demand meter is routinely utilized for
domestic purposes, as evidenced by the registration of consumption recorded on the
City's meter -reading and billing systems, the owner of the property shall be assessed the
current fee for the fire protection capacity that has been converted to domestic capacity
by routing usage.
3. No service units shall be attributed to a utility connect permit application to
provide only fire protection capacity.
E. No Water Meter. Upon application for a building permit for lots for which no water
meter has been purchased, wastewater service units shall be determined by a
professional engineer licensed in the State of Texas subject to the approval of the ACM.
F. Nonstandard Meter. No adjustment in service units shall be made for water use
or fire demand that falls between standard meter sizes or combinations.
G. Revision of Service Units Designation. The City Council may revise the service
units designation in accordance with the procedures set forth in the Texas Impact Fee
Act.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.060. Impact fees per service unit.
Maximum Allowable Fee. The maximum impact fee per service unit shall be computed
by dividing the cost of water and wastewater capital improvements and facilities
expansions necessitated by and attributable to new development identified in the impact
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit W
Page 5 of 15 Pages
5
fee capital improvements plan for each category of capital improvements by the total
number of projected service units in the impact fee service area based upon the land
use assumptions, and then may be adjusted to reflect a credit, as appropriate, for other
non -fee methods of capital payments referenced in Texas Local Government Code
Annotated, Chapter 395.014(x)(7). Maximum impact fees per service unit shall be
established for each category of capital improvements and shall be as set forth in Exhibit
B attached to the ordinance codified in this chapter, on record in the office of the City
Secretary, and incorporated in this chapter by reference.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.070. Assessment of impact fees.
A. The approval of any subdivision of land or of any new development within the
impact fee service area shall include as a condition of development the assessment of
the impact fee applicable to such development.
C. Assessment of the water and wastewater impact fees for any new development
shall be made as follows:
1. For a development which is submitted for approval pursuant to the City's
subdivision regulations following the effective date of the ordinance codified in this
chapter, assessment shall be at the time a preliminary plat is approved by City Council
and shall be in the amount of the assessed fee per service unit then in effect as set forth
in Exhibit B, attached to the ordinance codified in this chapter, on record in the office of
the City Secretary, except as provided in subsection (C)(2, (3) or (4) of this section;
2. For a development for which no plat is required or issued, assessment shall
occur at the time of building permit application. For development for which no building
permit is issued, assessment shall be at the time of utiity connect permit application;
3. For a
development
for
which
a plan was approved,
but which
plan has expired,
assessment
shall occur at
the
time a
new preliminary plat
approval is
sought;
4. For septic tank cutovers, assessment shall be at the time of utility connect permit
application.
D. Following assessment of the impact fee hereunder, the amount of the impact fee
per service unit may not be increased above the assessed fee unless the owner
redevelops or seeks approval of new plan required as a result of an approved
development plan expiration.
E. An application for an amended plat made pursuant to Texas Local Government
Code Section 212.016 (Vernon 1988) or the City's subdivision rules is not subject to a
reassessment of the impact fee.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.080. Computation of impact fees.
waterAA[astewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 6 of 15 Pages
6
A. The impact fees due for the new development shall be collected at the time of
building permit, or if no building permit is required, at the time of issuance of the
certificate of occupancy, but in no event later than connection to the City's water or
wastewater utility system.
B. Following the filing and acceptance of a written application for building permit, the
City shall compute the impact fee due in the following manner:
1. The number of service units shall be determined by the size of the water meter
purchased or by evaluation of the ACM at the time of utility connect permit application as
hereinabove provided;
2. Service units shall be summed for all meters purchased for the development;
3. Total service units shall be multiplied by the assessed fee per service unit for
water or wastewater service as depicted in Exhibit B attached to the ordinance codified
in this chapter and on record in the office of the City Secretary;
4. All applicable offsets, credits or discounts per service unit allowable under this
chapter for water or wastewater service shall be subtracted from the product derived
under subsection (B)(3) of this section.
C. The amount of impact fee due for new development shall not exceed the amount
computed by multiplying the assessed fee for water or wastewater service by the total
number of service units generated by the development.
D. Whenever the property owner increases the number of service units for a
development, the additional impact fees collected for such new service units shall be
determined based on the assessed fee and applicable offsets, credits and discounts
then in effect and such additional fee shall be collected at the time the additional meters
are purchased.
E. In the event the property owner decreases the number of service units for a
development, the property owner shall be entitled to a refund of the impact fee for impact
fees actually paid, but only for the amounts represented by the decrease in service units
based on the assessed fee and offsets, credits or discounts applicable at the time the
fee was paid.
F. Payment of an impact fee in accordance with the terms and conditions of this
chapter shall entitle the payor to receive a credit for same to be used in the event the tap
for the property for which the fee is paid expires and must be repurchased; provided,
however, that the impact fee is not refundable upon expiration of the tap.
G. If the tap or building permit for the property on which an impact fee is paid has
expired and a new application is thereafter filed for the identical property and the number
of service units, the impact fee previously paid satisfies the requirements of this chapter.
H. The impact fee shall attach to the property for which the impact fee was paid and
shall not be transferable to other properties or service units.
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "X
Page 7 of 15 Pages
7
I. No request to connect to the water and wastewater system shall be granted and
no building permit shall be issued if the applicant cannot verify payment of the
appropriate impact fee and other applicable fees or if existing facilities do not have
actual capacity to provide service to the new connection(s).
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.090. Collection of impact fees.
A. For platted properties, the impact per service unit to be collected within the
service area at the time of building permit application (or issuance of a certificate of
occupancy if no building permit is required, but in no event later than connection to the
City's water or wastewater utility system) shall be that fee established by ordinance by
the City Council from time to time and shall in the amount shown on Exhibit B. Save and
except for impact fees for utility service to properties for which no building permit is
required, service established by contracts with political subdivisions or other wholesale
customers, water and wastewater impact fees to be collected at the time of building
permit shall be as set forth in Exhibit B attached to the ordinance codified in this chapter,
on record in the office of the City Secretary, and made a part of this chapter for all
purposes. Impact fees for utility service to properties for which no building permit is
required shall be collected at time of issuance of a certificate of occupancy, but in no
event later than meter purchase.
B. Except as otherwise provided by contracts with wholesale customers or other
political subdivisions, no building permit shall be issued until all impact fees have been
paid to the City.
C. For a development which is submitted for approval pursuant to the City's
subdivision regulations or Unified Development Code subsequent to the effective date of
the ordinance codified in this chapter, impact fees shall be collected at the time of
building permit / utility connect permit application.
D. For a development which has received an approved development plan prior to
the effective date of the ordinance codified in this chapter and for which no re -approval is
necessary prior to the purchase of a water or wastewater tap, impact fees shall be
collected at the time of the utility connect permit application. (Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.100. Credits.
A. In the event that the City requires as a condition of development approval, or
otherwise enters into an agreement with a developer, to have the developer construct,
fund or otherwise contribute toward the cost of a water or wastewater capital
improvement or facility expansion identified in the 10 -year Capital Improvements Plan
underlying the maximum fee calculation, the City may provide for reimbursement in the
form of credits against impact fees that would otherwise be due from the development in
accordance with the following.
1. For the capacity share of the project funded by the developer and related to the
developer's own service need and property benefited therefrom, the City shall provide a
credit against payment of the full impact fee due at time of collection. The credit amount
WaterMastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 8 of 15 Pages
M
shall be equal to the facility's pro -rata capacity cost per service unit, but in no case shall
the unit credit exceed the amount allowed for that facility type in Exhibit C of this
ordinance. Such credits shall only be applicable against the impact fees for the type of
facility (water or wastewater) for which the capital improvement is made.
2. For any oversizing of the facility funded by the developer, the City shall
reimburse the developer in an amount equal to the facility's pro -rata capacity cost per
service unit times the number of service units present in the oversizing portion, but in no
case shall the unit cost for the oversizing reimbursement exceed the amount allowed for
that facility type in Exhibit C of this ordinance. If the City determines there is an
adequate fund balance in the appropriate capital recovery fee account, the City will
make reimbursement promptly to the developer upon acceptance of the facility. If an
adequate fee fund balance does not currently exist, the developer's reimbursement for
this facility will be first priority for use of such funds by the City once the capital recovery
fee fund balance grows to an acceptable amount, as determined by the City in its sole
discretion.
The City's capital recovery fee credit and oversizing reimbursement policy in this section
only applies to facilities that are included in the 10 -year Capital Improvements Plan and
included in the maximum fee calculation. This section does not apply for reimbursement
of other facilities, dedication of site -related water distribution or wastewater collection
facilities required by other ordinances of the City Code, or fees placed in funds that may
be used for the purpose of reimbursing developers for oversizing or constructing water
or sewer mains or lines.
(Ord. 98-73 § 5: Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.110. Grandfathered plats.
For property which has received an approved development plan before the effective date
of the ordinance codified in this chapter and for which the approval has not expired„
impact fees assessed and collected shall be those shown in Exhibit C.B.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.120. Exceptions and exemptions.
A. Limitation on Modification. Except as provided in this chapter or by contract in
existence on the effective date of the ordinance codified in this chapter, any reduction,
change or modification in the amount or time of payment of the impact fee must be
approved by a duly enacted ordinance of the City Council.
B. Private System Connected. An impact fee shall not be assessed on any property
that receives service from a central water supply system owned by a person or an entity
other than the City or a wastewater treatment plant owned by a person or entity other
than the City and which water supply system or wastewater treatment system is to be
tied into the City's water and wastewater system.
Water/Wastewater Impact Fee
Ordinance No, 2003-39
Exhibit "A"
Page 9 of 15 Pages
0
C. Consumption Meter. The owner of a meter used to monitor water that is utilized
exclusively for consumptive purposes and/or that cannot enter the City wastewater
system will not be charged the wastewater impact fee.
D. Fire Protection Capacity. No fee shall be collected for the purchase of a tap that
is utilized to provide only fire protection capacity.
E. Nothing hereinabove stated shall be construed to alter the terms of a contract
with a wholesale customer of the City regarding the payment of impact fees and shall not
be construed to authorize the payment of impact fees in installments in areas
encompassed by such a contract for wholesale service.
F. Exchange. A tap may be exchanged before any water or wastewater service has
been received for another tap without collection of the impact fees established in this
chapter if the exchange will result in an equivalent or lesser number of service units to
be utilized on the property for which the tap was originally purchased. The number of
service units to be exchanged shall be determined in accordance with Section 13.32.050
and shall not be based on the number of units at the time of initial purchase.
G. Economic Development Projects. Pursuant to Chapter 395, Tex. Loc. Gov't Code
(Vernon 1999), as amended, the City Council reserves the right to (1) waive impact fees
for new development projects for the purpose of promoting economic development; and
(2) enter into an agreement with a landowner concerning the payment of impact fees.
(Ord. No. 2001-03 § 2; Ord. No. 2001-16, § 2; Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.130. Establishment of accounts.
A. The City's Division of Finance and Administration shall establish separate
interest-bearing accounts clearly identifying the category of capital improvement (i.e.,
water facilities and wastewater facilities) within the service area for which the impact fee
is collected.
B. Interest earned by each account shall be credited to the account on which it is
earned and shall be used solely for the purposes specified for impact fees as authorized
hereinbelow.
C. The City's Division of Finance and Administration shall establish adequate
financial and accounting controls to ensure that impact fees disbursed from the account
are utilized solely for the purposes authorized in this chapter. Disbursement of funds
shall be authorized by the City at such times as are reasonably necessary to carry out
the purposes and intent of this chapter; provided, however, that any fee paid shall be
expended within a reasonable period of time, but not to exceed ten years from the date
the fee is deposited into the account.
D. The City's Division of Finance and Administration shall maintain and keep
adequate financial records for each such account, which shall show the source and
disbursement of all revenues, which shall account for all moneys received, the number
of service units for which the moneys are received, and which shall ensure that the
disbursement of funds from each account shall be used solely and exclusively for the
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 10 of 15 Pages
IT$]
provision of projects specified in the impact fee capital improvements plan as system -
related capital projects. The City's Division of Finance and Administration shall also
maintain such records as are necessary to ensure that refunds are appropriately made
in accordance with this chapter.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.140. Use of proceeds of impact fee accounts.
A. The impact fee collected pursuant to this chapter may be used to finance or to
recoup capital construction costs for water and wastewater facilities identified in the
impact fee capital improvements plan. Impact fees may also be used to pay the principal
sum and interest and other finance costs on bonds, notes or other obligations issued by
or on behalf of the city to finance such capital improvements or facilities expansions.
B. Impact fees collected pursuant to this chapter shall not be used to pay for any of
the following expenses:
1. Construction, acquisition or expansion of capital improvements or assets other
than those identified for the water and wastewater utility in the impact fee capital
improvements plan;
2. Repair, operation or maintenance of existing or new capital improvements or
facilities expansions;
3. Upgrading, expanding or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards;
4. Upgrading, expanding or replacing existing capital improvements to serve
existing development; provided, however, that impact fees may be used to pay the costs
of upgrading, expanding or replacing existing capital improvements in order to meet the
need for new capital improvements generated by new development; or
5. Administrative and operating costs of the City.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.150. Refunds,
A. Any impact fee or portion thereof collected pursuant to this chapter which has not
been expended within ten years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Tex. Local Gov. Code § 395.025, or any successor statute.
B. If a refund is due pursuant to subsection A of this section, the refund of
unexpended fee payments, including interest from the date of payment, shall be made to
the current record owner or governmental entity.
WaterNVastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 11 of 15 Pages
11
C. Upon completion of all the capital improvements or facilities expansions identified
in the capital improvements plan upon which the fee was based, the City shall
recalculate the maximum impact fee per service unit using the actual costs for the
improvements or expansions. If the maximum impact fee per service unit based on
actual cost is less than the impact fee per service unit paid, the city shall refund the
difference if such difference exceeds the impact fee paid by more than ten percent. The
refund to the record owner or governmental entity shall be calculated by multiplying such
difference by the number of service units for the development for which the fee was paid,
and interest due shall be calculated upon that amount.
D.
1.
Upon the
request of an owner of the property on which an impact fee has
been
paid,
the City shall
refund such fees if:
a. Existing service is available and service is denied; or,
b. Service was not available when the fee was collected and the city has failed to
commence construction of facilities to provide service within two years of fee payment;
or,
C. Service was not available when the fee was collected and has not subsequently
been made available within a reasonable period of time considering the type of capital
improvement or facility expansion to be constructed, but in any event no later than five
years from the date of the payment.
2. A refund pursuant to this subsection shall also result in cancellation of the tap
permit and the refund of all building permit fees and/or connection fees previously
collected.
3. If the holder of a building permit for property for which a building permit has been
obtained relinquishes the building permit for a refund, a canceled building permit must
be presented before the refund can be made.
E. The city shall refund an appropriate proportion of impact fee payments in the
event that a previously purchased but uninstalled water meter for which the impact fee
has been paid is replaced with a smaller meter, based on the per service unit differential
of the two meter sizes and the fee per service unit at the time of the original fee
payment.
F. A petition for refund under this section shall be submitted to the ACM on a form
provided by the City for such purpose. Within one month of the date of receipt of a
petition for refund, the ACM must provide the petitioner, in writing, with a decision on the
refund request, including the reasons for the decision. If a refund is due to the petitioner,
the ACM shall notify the City Division of Finance and Administration and request that a
refund payment be made to the petitioner.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.160. Updates to plan and revisions of fees.
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 12 of 15 Pages
12
The City shall review the land use assumptions and impact fee capital improvements
plan for water and wastewater facilities at least every three years, with the - three year
period to commence from the date of adoption of the impact fee capital improvements
plan referenced in this section. The City Council shall accordingly make a determination
of whether changes to the land use assumptions, impact fee capital improvements plan
or impact fees are needed and shall, in accordance with the procedures set forth in the
Texas Impact Fee Act, or any successor statute, either update the fees or make a
determination that no update is necessary.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.170. Use of other financing mechanisms.
A. In addition to the use of impact fees, the City may finance water and wastewater
capital improvements or facilities expansions designated in the impact fee capital
improvements plan through the issuance of bonds, through the formation of public
improvements districts or other assessment districts, or through any other authorized
mechanism and with any other authorized funds, in such manner and subject to such
limitations as may be provided by law.
B. Except as otherwise provided herein, the assessment and collection of a impact
fee shall be additional and supplemental to, and not in substitution of, any other tax, fee,
charge or assessment which is lawfully imposed on and due against the property.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.180. Impact fees as additional and supplemental regulation.
A. Impact fees established by this chapter are additional and supplemental to, and
not in substitution of, any other requirements imposed by the City on the development of
land or the issuance of building permits or the sale of water or wastewater taps or the
issuance of certificates of occupancy. Such fees are intended to be consistent with and
to further the policies of the City's Century Plan, impact fee capital improvements plan,
zoning ordinance, subdivision regulations and other City policies, ordinances and
resolutions by which the City seeks to ensure the provision of adequate public facilities
in conjunction with the development of land.
B. This chapter shall not affect, in any manner, the permissible use of property,
density of development, design, and improvement standards and requirements, or any
other aspect of the development of land or provision of public improvements subject to
the zoning and subdivision regulations or other regulations of the City, which shall be
operative and remain in full force and effect without limitation with respect to all such
development.
(Ord. 96-1 § 2 (Att. A) (part))
Sec. 13.32.190. Relief procedures.
A.
Any person who has paid an impact fee or
an
owner of land upon which an
impact
fee has been paid may petition the Council
to
determine whether any duty
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit UK
Page 13 of 15 Pages
13
required by this chapter has not been performed within the time so prescribed. The
petition shall be in writing and shall state the nature of the unperformed duty and the
request that the act be performed within 60 days of the request. If the Council
determines that the duty is required pursuant to this chapter and is late in being
performed, it shall cause the duty to commence within 60 days of the date of the request
and to continue until completion.
B. Any person who has been assessed an impact fee under this chapter may
appeal that assessment by written application to the Director. The City Council may
enforce, reduce or modify the assessment, after providing a public hearing with due
notice and opportunity to be heard, if it determines that the assessment is unwarranted
or in error.
C. Existing platted properties with an approved development plan that are extended
municipal water and wastewater service will be assessed the then -applicable impact fee
at time of utility connect permit application . The new customer in this case shall have
the option of either immediate full payment of the assessed fee or an extended payment
plan of up to 60 months at a current rate of interest as determined by the Director of
Finance, starting with the utility connect permit application date. If such partial payments
by the customer are more than 30 days overdue, this shall serve as grounds for
termination of water and/or wastewater service.
D. The Council may grant a variance or waiver from any requirement of this chapter,
upon written request by a developer or owner of property subject to this chapter,
following a public hearing, and only upon finding that a strict application of such
requirement would, when regarded as a whole, result in extreme hardship to the
applicant and that the grant of the waiver or variance is in the best interest of the City.
E. If the Council grants a variance or waiver to the amount of the impact fees due
for new development under this section, it shall cause to be appropriated from other City
funds the amount of the reduction in the impact fees to the amount in which the fees
would have been deposited.
(Ord. 96-1 § 2 (Att. A) (part))
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "K
Page 14 of 15 Pages
Il!
EXHIBIT A
WATER AND WASTEWATER IMPACT FEE SERVICE AREA MAP
®
Potential i ..
Application Area �a
iM
3405 2338
971
29
1 t�F1 �'ic
h >�
f
�f
2243 n
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 15 of 15 Pages
9
City of Georgetown
620 Potential Impact Fee
Application Area
15
WATER AND WASTEWATER IMPACT FEE PER SERVICE UNIT
Assessed
Impact Fee per
Service Unit
ITEM _
WATER
Supply $ 249
Treatment $ 910
Pumping $ 58
Ground Storage $ 23
Elevated Storage $ 55
Transmission $ 999
Allocated Impact Fee Study Cost $ 2
Total Water $ 21295
WASTEWATER
Treatment $ 11226
Pumping $ 234
Interceptors $ 405
Allocated Impact Fee Study Cost $ 4
Total Wastewater $ 11869
TOTAL WATER & WASTEWATER $ 41164
Water/Wastewater Impact Fee
Ordinance No. 2003-39
Exhibit "A"
Page 1 of 1
U
EXHIBIT C
ASSESSED WATER AND WASTEWATER IMPACT FEE HISTORY (PER SERVICE UNIT)
Development Approval Date Type
Before October 1, 2003
Before October 1, 2003
WaterMastewater Impact Fees
Ordinance No. 2003-39
Exhibit "C"
Page 1 of 1
Water
Non-residential $1,325
Residential $ 825
Wastewater
MO
01